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HomeMy WebLinkAbout02-3809JANET S. SCHELL, Plaintiff vs. DONALD E. SCHELL, JR., Defendant : IN THE COURT OF CO~ON PLEAS : OF CUMBERL~ND COUNTY : OF PENNSYLV~NIA : : CIVIL ACTION : NO. ~-3~ ~ : IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU PLAY LOSE THE RIGHT TO CLAIM A~NY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERL~ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 JANET S. SCHELL, Plaintiff vs. DONALD E. SCHELL, JR., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : OF PENNSYLVANIA : : CIVIL ACTION : NO. : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary JANET S. SCHELL, Plaintiff vs. DONALD R. SCHELL, JR., Defendant CIVIL ACTION NO. IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMPLAINT IN DIVORCE 1. Plaintiff is Janet S. Schell, a citizen of Pennsylvania, residing at 119 Summerdale, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Donald E. Schell, residing at 12 Kelso Street, Pennsylvania. Jr., a citizen of Pennsylvania, Harrisburg, Dauphin County, 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on December 21, 1979, in Dauphin County, Pennsylvania. 5. The marriage is irretrievably broken. 7. There has instituted by jurisdiction. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. been no prior action for divorce or annulment either of the parties in this or any other 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require th. parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herei! by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filin¢ of this Complaint, Plaintiff intends to file an affidavit consentin¢ to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counselin¢ and that Plaintiff and Defendant have the right to request the Cour to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce afte~ ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counselinc and that Plaintiff and Defendant have the right to request the Cour to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date ol separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, DISSINGER AND DISSINGER ~aren L. Koeni4sberg Attorney for Plaintiff Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Janet Schell, verify that the statements made in the Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. Scheli, Pl'ainti f f JANET S. SCHELL, Plaintiff vs. DONALD E. SCHELL, JR., Defendant IN THE COURT OF COMI~ON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION NO. 02-3809 CIVIL IN DIVORCE AFFIDAVIT OF MAILING COM}4ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss : Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated August 09, 2002, attached hereto as Exhibit "A". Sworn to and subscribed before me this 16th day of August, 2002. ~en~L~ Ko~n~g~be[~ - Attorney for Plaintiff Supreme Court ID #85556 28 North Thirty-second Street Camp Hill, PA 17011 {717) 975-2840 · I ,.., .... ~'"~um m® card to you. o_.__~r on the, front if space perm.. DONALD E SC~{ELL JR 1 2 KELSO STREET HARRISBURG PA ~ 17111 REST, =~'""' LJ C.O.D. 102595-00-M.0952 EXHIBIT "A" : IN THE COURT OF COMMON PLEAS JANET S. SCHELL, OF CUMBERLAND Plaintiff : : PENNSYLVANIA : vs. : CIVIL ACTION DONALD E. SCHELL, : NO. 02-3809 Defendant : IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-affidavit within twenty {20) days after this Affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit under Section 3301(d) of the Divorce Code. The parties to this action separated on or about December 11, 2001, and have continued to live separate and apart for a period of two (2) years. 1. The marriage is irretrievably broken. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~r~q~t s. ~chell, Plaintiff JANET S. SCHELL, : Plaintiff : DONALD E. SCHELL, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA CIVIL ACTION NO. 02-3809 IN DIVORCE CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Defendant, Donald E. Schell, Jr., by depositing same in the United States Mail, postage prepaid, addressed as follows: Date: Donald E. Schell, Jr. 518 Wicker Road Hartwell, GA 30643-8635 K~en L. Koehi~sberg / / JANET S. SCHELL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : OF PENNSYLVANIA VS. : : CIVIL ACTION DONALD E. SCHELL, : NO. 02-3809 Defendant : IN DIVORCE TO: NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE Donald E. Schell, Jr., Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301 (d) affidavit. Therefore, on or after December 11, 2003, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the< prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever 5he right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW~fER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~ERE YOU CAN GET LEGAL HELP. Central PA Legal Services 2!3A North Front Street Harrisburg, PA 17101 !-800-932-0356 OR Lawyers Referral Service !00 Pine Ssree5 P.O. Box !86 Harrisburg, PA 17108 1-800-692-7375 JANET S. SCHELL, : IN THE COURT OF COM~MON PLEAS Plaintiff : OF CUMBERLAND COUNTY : OF PENNSYLVANIA vs. : : CIVIL ACTION DONALD E. SCHELL, : NO. 02-3809 Defendant : IN DIVORCE COUINTER-AFFIDAVIT UNDER ~ 3301(d) OF THE DIVORCE CODE Check either (a) or (b): __ a. I do not oppose the entry of a divorce decree. bo I oppose the entry of a divorce decree because (Check (i), (ii) or both): ii. The parties to this action have not lived separate and apart for a period of at least two (2) years. The marriage is not irretrievably broken. Check either (a) or (b): I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I de not claim them before a divorce is granued. I wls.~ to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, i must also file all of my economic claims with the p-otho,.o.a~y in writing and serve them on the other party, if i fail 5o do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Donald E. Schell, Jr., Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER- AFFIDAVIT. JANET S. SCHELL, Plaintiff DONALD E. SCHELL, Defendant CIVIL ACTION NO. 02-3809 IN DIVORCE IN THE COURT OF CO~v~MON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Donald E. Schell, Jr., Defendant, by depositing same in the United States Mail, postage prepaid, addressed as follows: Donald E. Schell, Jr. 518 Wicker Road Hartwell, GA 30643-8635 Date: Kamen L. Koenigsberg ' ANET S. SCHELL, Plaintiff vs. )NALD E. SCHELL, JR., Defendant CIVIL ACTION NO. 02-3809 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA PRAECIPE TO TRANSMIT RECORD ro the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301(~) of the Divorce Code. Irretrievable breakdown under § 2. Date and manner of service of the Complaint: August 9, 2002, by United States Certified Mail, Restricted Delivery. 3. (1) Date of execution of the Affidavit of Having Lived Separate and Apart required by § 3301(d) of the Divorce Code: June 18, 2004; (2) Date of filing and service of the Plaintiff's Affidavit upon the Defendant: June 21, 2004. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: June 22, 2004 Respectfully submitted, Date: DISSINGF. R AND DISSINGER ~Ka' ~n~'~%-~Koeh~ g sbe rg ~. / Camp Hill, PA 17011 717-975-2840 cc: Janet S. Schell Donald E. Schell, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JANET S. SCHELL, 02-3809 NO. Plaintiff VERSUS DONALD E. SCHELL, JR., Defendant AN D NOW, DECREED THAT Donald E. AND DECREE 1N DIVORCE Janet S. Schell Schell, Jr. , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM The BONDS OF MATRIMONY. THE COUrt RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BeEN ENTeReD; None. BY T!~OU : / ,~,~J ' / PROTHONOTARY